Miller v. Warden et al

Filing 27

ORDER Denying Motion For Entry Of Default (Doc. 25 ), signed by Magistrate Judge Sheila K. Oberto on 6/6/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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NORRIS DAJON MILLER,

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CASE NO. 1:10-cv-00112-SKO PC

Plaintiff,

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v.

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ORDER DENYING MOTION
FOR ENTRY OF DEFAULT

WARDEN, et al.,

(Doc. 25)
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Defendants.
/

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Plaintiff Norris Dajon Miller, a former state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 23, 2010. On May

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29, 2012, Plaintiff filed his third motion seeking the entry of default. Fed. R. Civ. P. 55(a).

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As with the two previous motions, Plaintiff’s third motion lacks merit. The United States

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Marshal was directed to initiate service of process on April 24, 2012. There is no evidence in the

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record that Defendants waived service or were personally served and thereafter failed to file a timely

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response. Until and unless Plaintiff is in receipt of such evidence, there is no basis for seeking entry

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of default.

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Plaintiff was previously warned that further filing of baseless requests for the entry of default

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may lead to the imposition of sanctions against him. Plaintiff is now warned that if he files another

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meritless motion, sanctions will be imposed against him.

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Plaintiff’s motion for the entry of default, filed on May 29, 2012, is HEREBY ORDERED
DENIED. Fed. R. Civ. P. 55(a).

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IT IS SO ORDERED.

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Dated:
ie14hj

June 6, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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